Technology and Governance

Law and Technology

Thank you to those who fought against Aadhaar

The petitioners are an interesting array of parties, two former judges, several academics, technologists, a few organisations that work for social justice, two retired army personnel who claim that Aadhaar is a massive national security threat, and individuals who have been not given their due services and benefits due to non possession of Aadhaar.

September 25,2018

Transparency and Accountability

EVMs: SC seeks reply from ECI on unauthorised handling

The Petitioner has contended that in the Uttarakhand State Elections held in February 2017, not only the Election Commission officials and employees of Electronics Corporation Of India Limited(ECIL) were allowed access to the EVMs, but also several persons belonging to a private firm M/s T&M Services Consulting Private Limited engaged by the ECIL were allowed to access the EVMs — thereby raising serious concerns and apprehensions about the possibility of a security breach.

September 4,2018

Law and Technology

Data Protection Bill: Putting State over individual consent

While it creates a distinction between personal data, and sensitive personal data,the exemptions under Data Protection Bill include matters of security of state, for prevention, detection, investigation and prosecution of contraventions of law, processing for purposes of legal proceeding, research, archiving, or statistical purposes, personal or domestic purposes, journalistic purposes, or manual processing by small entities.

September 2,2018

Law and Technology

How Aadhaar can rig the electoral system

Aadhaar data-linked sensitive private information on citizens that Central and State governments, and by default, the political parties in power, have access to could easily be used to create caste and religion based voter maps. Such data would be invaluable to a Delimitation Committee mandated with the task of redrawing the boundaries of constituencies, and could well empower such a Committee with the potential to influence the delimitation process in a manner that could influence the outcome of an election in favour of a particular political party/group, thereby unethically influencing the electoral system and undermining democracy.

August 30,2018

Law and Technology

A privacy and security nightmare

From its premature Cabinet clearance without any enforceable data protection framework in place, to its muddled approach to consent, in-built technologies of coercion leading to profiling and possible criminalisation of vulnerable groups, invasive information collection methods and mythicisation of the “infallibility” of the DNA technology — the Bill is a confused disarray of State arrogance fused with misplaced reliance on technology that’s still too nebulous for effective and wide-scale use

August 16,2018

Technology and Governance

WhatsApp ‘working to curb fake news’

The reply also highlights that WhatsApp will be bringing in fact-checking and fake news verification mechanisms to help people check the veracity of content on the platform.

August 11,2018

Law and Technology

Whither right to privacy?

Provisions that permit personal data processing without express consent are clearly overbroad in comparison to comparable frameworks such as General Data Protection Regulation (GDPR) brought forth by the European Union (EU). The non requirement of necessity and proportionality with respect to personal data processing by the State prima facie seems regressive and violative of the tests laid down by the Puttaswamy verdict.

July 30,2018

Human Rights

Food, not charity but entitlement

As the country makes progress at the cost of pushing the most vulnerable to the margins, the schemes like NFSA, MGNREGA have become the last thread for the survival of the poor. 7 out of the 12 starvation deaths in Jharkhand documented by the Right to Food Campaign were directly related to the problems with Aadhaar linking. Starvation deaths are not an aberration but an extreme manifestation of exclusions built into the system.

July 27,2018

Case update

File tax returns without Aadhaar

The Court has also directed CBDT to put forth an ‘opt out’ provision for the mandatory requirement of furnishing Aadhaar registration or linkage.

July 25,2018

Transparency and Accountability

Amendment to RTI Act will kill transparency

The proposed amendment in the RTI Act, 2005 takes away the independence of Information Commissions that have been conferred with the adjudicatory power to decide the appeals and complaints arise out of violation of the RTI Act and denial of the information, whatever may be the case.

July 20,2018

Freedom of Speech

SMCH: A full-scale surveillance state

The SMCH can reasonably be construed to be a surveillance mechanism encompassing the entire digital space, laying the groundwork for an information system where it only flows from a Statist source, with all dissenters silenced into fear of State sanction.

July 18,2018

Technology and Governance

Mahua Moitra’s writ petition against Social Media Hub

The petition contends that the SMCH aims at creating an advanced surveillance infrastructure via which the Government could “monitor” and “cut to size” all individuals who critique the government via social media, rather than its stated objective of being an analytical tool aiding the Ministry to gauge the effectiveness of its social media campaigns.

July 13,2018

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